An injunction could be sought if the provisional legislature acted before the handover in too similar a manner to the present Legco, the council's legal adviser said yesterday. Jonathan Daw was responding to a question by Democratic Alliance for the Betterment of Hong Kong legislator Chan Kam-lam over the preparatory work of the provisional legislature. Mr Daw said there was authority under the Royal Instructions and Letters Patent for the establishment of only one Legislative Council. 'If somebody within Hong Kong sought to set up an institution, and they were calling themselves the Legislative Council of Hong Kong and they were mirroring or seeking to copy the work done by Legco, that would be in breach of the constitutional documents,' he said. 'If that's the case for a group within Hong Kong, it's just as much the case for a group outside Hong Kong if they are acting in Hong Kong,' he said. But he agreed there could be an argument that some transitional or preparatory work must be done before July 1, 1997. 'Nevertheless, there are legal provisions in Hong Kong to prevent the usurping of the proper office of this Legislative Council. There can well be circumstances that actions by a so-called provisional legislature can be viewed by a court as being so similar to the proper lawful actions of the present Legco as to amount to usurping the authority of the legislature if they acted before July 1 1997. 'I am not saying every action . . . would be a usurpation of office. It's the overall effect in the circumstances of Hong Kong at the time that we are speaking about.'
